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Patna High Court

Rastriya Amar Yuva Shahid Ramgovind Singh Janta Jagrit AandolanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition is dismissed; no writ of mandamus is issued to restrain the relocation of the statue.

Summary

The petitioner, Rastriya Amar Yuva Shahid Ramgovind Singh Janta Jagrit Aandolan, filed a public interest writ petition seeking a mandamus to prevent the relocation of a statue of Shahid Ram Govind Singh, which was to be shifted for the construction of a four‑lane elevated road. The court noted that the relocation was proposed under the Bihar Unauthorized Religious Structures Construction, Survey and its Regularization, Relocation and Removal Rules, 2013, which prohibit regularising religious structures in public places that impede traffic. Citing the precedent of Union of India v. State of Gujarat (SLP (C) No. 8519 of 2006), the court held that the road project serves a larger public interest. Consequently, the court found no merit in restraining the construction and dismissed the petition. The dismissal was ordered without any writ being issued.

Issues considered

  • Whether a writ of mandamus can be issued to restrain the shifting of a religious statue situated in a public place for road construction.
  • Whether the Bihar Unauthorized Religious Structures Construction, Survey and its Regularization, Relocation and Removal Rules, 2013 bar regularisation of such structures and justify their removal.
  • Whether the public interest litigation should be entertained in view of the necessity of the four‑lane elevated road.

Subjects

  • public interest litigation
  • writ of mandamus
  • statue relocation
  • road construction
  • religious structure
  • Bihar
  • constitutional law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.1736 of 2026
                 ======================================================
                 Rastriya Amar Yuva Shahid Ramgovind Singh Janta Jagrit Aandolan through
                 Secretary Sri Subhash Kumar, Male, aged about 61 years, Son of Late Ram
                 Janam Singh, resident of Village-Mahuli, P.O- Suitha, P.S- Parsa Bazar,
                 District-Patna (Bihar).

                                                                              ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Principal Secretary, Road and Transport
                 Department, Govt. of Bihar, Patna.Rastriya Amar Yuva Shahid Ramgovind
                 Singh Janta Jagrit Aandolan
           2.    Commissioner, . Patna Division, Patna
           3.    District Magistrate -cum- Collector, Patna.
           4.    Sub-Divisional Officer, Patna Sadar, Patna.
           5.    D.C.L.R, Patna Sadar, Patna.
           6.    Anchal Adhikari, Phulwarisharif, District-Patna.
           7.    Project Manager, Bihar State Road Development Corporation, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Arun Kumar, Adv.
                 For the Respondent/s   :        Mr. P K Shahi, AG
                                                 Mr. Vikas Kumar, AC to AG
                                                 Mr. Manish Dhari Singh, AC to AG
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   25-02-2026                 Heard the learned counsel for the respective parties.

                               2. This writ petition in the nature of Public Interest

                   Litigation has been filed by Rastriya Amar Yuva Shahid

                   Ramgovind Singh Janta Jagrit Aandolan seeking for following

                   reliefs:

                                                    “(i) To issue a writ of
                                            mandamus or any other writ or writs,
Patna High Court CWJC No.1736 of 2026(2) dt.25-02-2026
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                                  direction or directions commanding upon
                                  the respondents not to shift statue, of
                                  Shahid Ram Govind Singh situated at
                                  Shahid Chowk, Mahuli Halt, P.S- Parsa
                                  Bazar Anchal- Phulwarisharif, District-
                                  Patna which has already been shifted
                                  from middle of the road namely Mithapur
                                  – Mahuli elevated four lane towards
                                  western side of the aforesaid road at
                                  another place.”

                      3. From perusal of the averments made in the present

          writ petition, it is manifest that the statue of Shahid Ram Govind

          Singh is proposed to be shifted on account of construction of

          Mithapur - Mahuli elevated four lane for larger public interest.

                      4. This Court takes notice of the orders passed in SLP

          (C) No. 8519 of 2006 (Union of India Vs. State of Gujarat &

          Ors.) in light of which the Government of Bihar in exercise of

          power under Article 136 of the Constitution framed the rules

          titled as Bihar Unauthorized Religious Structures Construction,

          Survey and its Regularization, Relocation and Removal Rules,

          2013. Even as per the aforesaid rule, no religious structure

          situated at public place could be regularized, which caused

          hindrances in smooth trafficking in any of the manner.

                      5. Besides the aforesaid facts, we also find that

          construction of four lane is very much essential to serve the

          cause of the people. Hence, any kind of order passed in this case

          creating hindrance to such construction, would hamper the
            Patna High Court CWJC No.1736 of 2026(2) dt.25-02-2026
                                                        3/3




                      public cause. Therefore, we are not inclined to entertain this

                      public interest litigation and accordingly, the same stands

                      dismissed.



                                          (Sangam Kumar Sahoo, CJ)




                                                  (Harish Kumar, J)
shivank/-

U


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